Also known as: unavoidably · inevitable accident · unavoidable accident
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A condition or risk that cannot be eliminated even when reasonable precautions or care are exercised. The concept identifies harm or danger that persists despite diligent efforts to avoid it.
A condition or risk that cannot be eliminated even when reasonable precautions or care are exercised. The concept identifies harm or danger that persists despite diligent efforts to avoid it.
Urban Utley leased a warehouse to a tenant who conducted chemical processing. The processing unavoidably created toxic fumes that drifted to neighboring properties and caused illness. Because Urban knew of the activity and the unavoidable risk at the time of the lease, he became liable for the resulting physical harm.
An accident that produces harm without any tortious act by the party whose conduct is at issue.
Ulysses Usher and his partner obtained a marriage license in one state. Recognition of that marriage in another state created obligations for spousal benefits and inheritance rights that arose without any tortious conduct by the couple. The couple therefore faced an unavoidable accident defense if later sued over those duties.
An accident that produces harm without any tortious act by the party whose conduct is at issue.
Each sense below has its own examples, sources, and questions.
A risk qualifies as unavoidable when the landlord knows or has reason to know that the tenant's activity will involve an unreasonable risk even if special precautions are taken. The landlord's prior consent or knowledge of the activity then triggers liability for resulting harm to persons outside the property.
Umeko Uchida served process on a defendant by leaving papers at the residence. Federal rules made that method sufficient even though state law required in-hand delivery. The difference in procedure produced an unavoidable accident that excused any resulting procedural harm.
Uri Underwood filed a class action under federal procedure while state law limited such claims. The federal rule made certification an unavoidable accident once the statutory requirements were met, shielding the filer from tort liability for the choice.
Ursula Ureña sought unemployment benefits after being fired for using peyote in a religious ceremony. State criminal law created an unavoidable accident when the conduct, though required by faith, still produced the firing without tortious employer conduct.
Unison Media sought university funds to publish a religious newspaper. The university's denial created an unavoidable accident when the refusal occurred without any tortious act by the university, barring later damages claims.
Unavoidable accident describes harm that occurs without any tortious act by the party whose conduct is at issue. It therefore provides a defense because no breach of duty or wrongful conduct caused the injury.
Yes. When a generally applicable law prohibits religious conduct, the resulting conflict with free exercise is treated as an unavoidable consequence of democratic government rather than a basis for judicial exemption.
…in default of that statutory obligation, were nonetheless responsive to the same considerations of Fifth Amendment policy that unavoidably face us now as to the States. In McNabb , 318 U. S., at 343-344, and in Mallory , 354 U. S., at 455-456, we recognized both the dangers of interrogation and the appropriateness of…